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4 Common Things With Personal Injury Cases

Personal injury cases have many differences. For example, injury victims rarely get the same compensation, even for similar injuries. However, these cases also have a lot of things in common that you should know about when pursuing compensation.

Below are four examples of these commonalities that you can expect to experience in your personal injury case.

1. Settlement

The first step in a personal injury claim is to send the demand letter. After that, you negotiate your case or use an alternative dispute resolution method (such as mediation and arbitration) to get compensation. You can also go to court if you fail to reach an out-of-court settlement. However, most cases are able to conclude outside the courtroom.

According to Nolo, most cases settle because:

  • Settlements usually conclude cases faster than litigation.
  • The settlement process is relatively inexpensive (lower case expenses and legal fees).
  • The settlement process is more private and less stressful than litigation.

Therefore, expect your case to settle, but prepare for the chance of litigation by hiring an injury lawyer with litigation experience.

2. Contingency Fees

Lawyers charge legal fees in three main ways. You may pay an hourly, flat, or contingency fee. Many personal injury lawyers charge contingency fees. The contingency fee means you don’t pay the lawyer upfront. Rather, the lawyer handles your case and takes a cut of your payout if you win. Your lawyer doesn’t get anything if you don’t get compensation.

The contingency fee is usually 33% of the compensation, but this percentage can go lower or higher. Circumstances defining the case and its process determine the percentage. The lawyer’s reputation and experience also matter. For example, you may pay a higher rate if:

  • You have a complex case, such as a medical malpractice claim.
  • Your case is one of the few ones that proceed to trial.
  • Your lawyer has extensive experience.

Some lawyers allow you to negotiate the contingency fee up to a point. Whichever rate you get, the contingency fee arrangement is advantageous because it motivates the lawyer to win.

3. Free Initial Consultations

Lawyers usually charge consultations for various legal matters because they take time to dispense legal advice during the consultations. However, many injury lawyers do not charge for the first consultation. A free initial consultation lets you gauge whether a lawyer is right for your case. The lawyer also uses the opportunity to determine whether to take the case.

If you decide to get a consultation, carry all relevant documents with you to the initial consultation. Ask the lawyer questions about the case and provide them with honest information. In addition, remember that both of you are evaluating the case and each other.

4. Monetary Relief

When you file a case with the court, you do so because you want a legal remedy for your problems. Courts dispel both monetary and nonmonetary (injunctive) remedies. For example, a court may provide an injunctive remedy by ordering the defendant in a product liability case to make its products safer. However, most injury cases involve monetary remedies.

Monetary remedies are common because most losses people suffer in accidents involve money. For example, an auto accident might cost you money through medical bills, car repair, replacement, and lost wages. In many cases, the defendant’s insurance coverage provides the money to compensate your losses.

North Metro Litigators has practiced personal injury law for decades. No case is too small or big for us. Contact us for a free initial consultation to evaluate your case and decide how to proceed. You can rely on our professional experience and expertise for a good case outcome.